Is it true the 16th amendment was never really legal?

So income tax is something we shouldn't pay?

9 Answers

  • 1 decade ago
    Best Answer

    Bill Benson's findings, published in "The Law That Never Was," make a convincing case that the 16th amendment was not legally ratified and that Secretary of State Philander Knox was not merely in error, but committed fraud when he declared it ratified in February 1913. What follows is a summary of some of the major findings for many of the states, showing that their ratifications were not legal and should not have been counted.

    The 16th amendment had been sent out in 1909 to the state governors for ratification by the state legislatures after having been passed by Congress. There were 48 states at that time, and three-fourths, or 36, of them were required to give their approval in order for it to be ratified. The process took almost the whole term of the Taft administration, from 1909 to 1913.

    Knox had received responses from 42 states when he declared the 16th amendment ratified on February 25, 1913, just a few days before leaving office to make way for the administration of Woodrow Wilson. Knox acknowledged that four of those states (Utah, Conn, R.I. and N.H.) had rejected it, and he counted 38 states as having approved it. We will now examine some of the key evidence Bill Benson found regarding the approval of the amendment in many of those states.........

    If you really want to know, I suggest taking the time to watch this

    America: Freedom to Fascism

    HARRY O....the mainstream media won't report this....

    "IRS loses challenge to prove tax liability

    Lawyer is acquitted after arguing income levy lacks legal foundation"

    The federal government is forbidden by the Constitution to regulate or abridge the exercise of a fundamental right, those rights that are included in the “right to life, liberty and the pursuit of happiness.” Among those fundamental rights are your right to freedom of speech, to worship as you choose and your right to earn a living for yourself and your family through any lawful occupation.

    U. S. Supreme Court in Butchers' Union Co. v. Crescent City Co., 111 U.S. 746, 4 S.Ct. 652 (1884); Yick Wo v. Hopkins, 118 U.S. 356 (1886); Truax v. Raich, 239 U.S. 33 (1915); Coppage v. Kansas, 236 U.S. 1; Adams v. Tanner, 244 U.S. 590, 37 S.Ct. 662 (1917); Meyer v. Nebraska, 262 U.S. 390, 43 S.Ct. 625 (1923); and many other cases.

    Because the power to tax is the power to destroy (Chief Justice John Marshall in McCulloch v. Maryland, above), and because the federal government does not have the right to restrict, much less destroy, your fundamental rights, the exercise of a fundamental right, such as your freedom of speech, your freedom of religion and your freedom and right to earn a living through any lawful occupation is EXEMPT from taxation by the federal government!

    U. S. Supreme Court in Grosjean v. American Press Co., 297 U.S. 233 (1936); and, again, in Murdock v. Pennsylvania, 319 U.S. 105 63 S.Ct. 870 (1943); and, again, in Jones v. Opelika, 316 U.S. 584, 56 S.Ct. 444 (1943); Follett v. McCormick, 321 U.S. 573 64 S.Ct. 717 (1944); and Harper v. Virginia Bd. Of Elections, 383 U.S. 663, 86 S.Ct. 1079 (1966).

    The law, as it is written, instructs us to EXCLUDE EXEMPT INCOME (26 CFR § 1.861-8T), so even if part of your personal earnings can be separated as profit “derived from compensation for services”, that exempt income should be excluded from your gross income.

    Source(s): Everyone thinks "Just Compensation for Labor" in's not, income is "profit" such as Capital gains. Compensation for Labor is a direct exchange therefore no profit is derived and therefore exempt from taxation.
  • 1 decade ago

    3/4 is necessary and was received on the ratification of this amendment. Some states disagreed, but since the necessary majority was received it is legal and binding. This amendment was specifically rejected by New Hampshire on Mar 2, 1911. It was also rejected by Arkansas prior to its subsequent ratification, and by Connecticut, Rhode Island, and Utah.

    There are many who question Knox's declaration of the met majority.

  • Anonymous
    1 decade ago

    Amendment XVI.**

    The Congress shall have power to lay and collect taxes on incomes,

    from whatever source derived, without apportionment among the several

    States, and without regard to any census or enumeration.

    It might have been illegal at one time.

    But once the States and the Citizens started accepting money, goods and services from the Federal Government a pact was made.

    If you dance with the devil he gets to call the tune. If you eat the King's salt then you serve the King.

  • 1 decade ago

    That's just stupid.

    Try not paying your taxes, and see how the power of the law will come down on you.


    Taxes pay for the roads you drive on, the schools your kids attend, the army that protects the US from enemies, then welfare and benefit programs that feed the hungry, and the research that finds treatments for diseases like AIDS.

    If we all decided to be selfish and stopped paying our taxes, we would very shortly lose all of the things we demand that the government do for us.

    If you think things are bad now....wait until the infrastructure completely collapses.

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  • 1 decade ago

    I agree with Cookies anyone! I have seen all the research and sources that he refers to, and I have seen the video, America:Freedom to Fascism. Another important video series to watch, for much more in-depth, and comprehensive information on this subject, is called "Just the Facts" This is a 6 part, 12 hour video series that you can see by googling part one. The other parts are easy to find, once you get to part one. This is important information that none of us should just disregard without at least researching it further. This is one of the greatest frauds ever perpetuated against the people of this country, and our only defense against this fraud is mass awareness. *sm*

  • Anonymous
    1 decade ago

    There are some crackpots who'd love to believe that, but it ain't so. The 16th Amendment was passed just like all the others. Pay your taxes or go to jail; it's that simple.

  • 1 decade ago

    Actually, the 16th amendment was never ratified in several states.

  • Anonymous
    1 decade ago

    The government decides what is legal. The courts (US Supreme Court) has ruled that it is legal.

  • 1 decade ago

    I don't know. Go ahead and stop paying taxes and see what happens.

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